May a Member of Congress threaten an entity not to comply with a Congressional Subpoena

Question

The House has processed several Subpoenas to private entities, including telecommunication companies, seeking records related to the January 6, 2021 mass- often violent- protest at the Capitol. The House is investigating several aspects of that incident, including whether any individual members of Congress may have been involved. As part of this investigation, the House has issued Congressional Subpoenas for phone and other records from various sources.

(1) Does Congress have the power to investigate members of the House or Senate?

(2) May individual members of the House or the Senate [not serving as formal agents of the House oversight committee(s)] intervene by instructing the subpoenaed parties not to comply with the Congressional Subpoenas?

Answer 1

The following addresses several aspects of your Question. The Article focuses on the powers of Congress to issue subpoenas for records (duces tecum) in the first instance, followed by commentary with case citations regarding the powers of Congress to investigate individual members of congress who may have instructed subpoenaed parties not to comply with the Congressional subpoenas.

Congressional Research Center, Obstruction of Congress: An Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities (Updated November 5, 2010).

URL: https://crsreports.congress.gov/product/pdf/RS/RS22784/6